A traumatic brain injury or TBI can have devastating and often lethal consequences. Car accidents are among the most common causes of brain injuries. You should retain a brain injury attorney after a car accident if you think another person caused the crash.
Learn more about brain injuries and legal options below. Then, speak to a Las Vegas brain injury attorney in a free consultation. You or your loved one can receive payment for medical bills, lost earnings, mental anguish, loss of companionship, and pain and suffering.
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Brain Injury Statistics
The Centers for Disease Control states that brain injuries are a severe public health issue. In 2020, there were more than 210,000 brain injury-related hospitalizations, and 64,000 deaths that year were related to brain injuries.
Car accidents and falls are the most common causes of traumatic brain injuries. In recent years, the CDC states that there were 10,290 auto accident deaths related to brain injuries.
Whether a brain injury is a minor concussion or an injury involving brain bleeding, swelling, and tissue death, you should always consult a personal injury attorney for help with your case. Brain injury claims usually involve severe injuries and damages, and maximizing your compensation is vital for your recovery and future. Getting too little compensation can greatly complicate your recovery.
Types Of Brain Injuries In Car Accidents
Auto accidents often cause serious head injuries that lead to life-long disability and sometimes death. There are two main types of head injuries in car accidents:
Open Head Injuries
These occur when the skull is fractured and injures the brain, such as bone, metal, or glass. These brain injuries are graphic because the scalp contains many blood vessels, so there is a lot of blood. Every open head injury is an emergency and needs immediate treatment.
Closed Head Injuries
Closed head injuries can be minor, moderate, or severe. These injuries are problematic because you may look ok on the outside. However, inside the skull, you can have a severe injury, such as a concussion or brain bleed. Some closed head injury victims don’t have symptoms immediately, but delaying medical care can lead to severe injury or death.
You should receive immediate medical attention, whether it’s an open or closed head injury. Doing so ensures that your health is protected. You also preserve your legal options; the doctor will note in your medical record that you have a brain injury caused by an auto accident. This will ensure you can file a claim or lawsuit later for your injury. The insurance company will contest the claim if too much time passes from when the crash happened to when you received care.
Elements Of A Brain Injury Car Accident Case
You don’t always have a brain injury claim just because of the injury. You must prove that another person’s negligence caused the car accident that injured you. Your auto accident attorney will attempt to prove the following aspects of legal negligence:
- Someone violated their duty of care. For example, car drivers have a duty of care to drive safely and not injure others.
- The driver violated their duty of care and injured you, such as a severe brain injury in a T-bone accident.
- You have injuries and damages related to the accident, such as $250,000 in medical bills.
Your car accident attorney’s primary task is to prove that another party’s negligence caused your injuries and damages. Substantial evidence to make the case after a car accident can include:
- Traffic surveillance video that shows the accident
- Eyewitness testimony about who caused the car accident
- Photos and videos of the crash scene and vehicle damages and positions
- The type and severity of your brain and other injuries
- Crash scene evidence, including vehicle damage and skid marks
- Medical reports from your doctors about your injuries, treatments, and diagnosis
How Is A Brain Injury Settlement Value Decided?
Any brain injury can be severe and potentially life-threatening, but the amount received in a settlement depends on the case. One brain injury claim can be worth one amount, while a similar one can be worth much more. Common factors that influence compensation in a brain injury claim are:
Severity Of The Injury
Every severe brain injury is unique because the person’s brain and reaction to the degree of injury are unique. Someone suffering from a minor concussion can have symptoms for a month or two, but another can develop permanent memory problems. The more serious the brain injury, the higher the potential settlement.
Medical Bills And Needs
Brain injuries often cause long-term or permanent impairments. So, younger people may receive more money in a settlement because they need care for a longer time. Also, the more severe the brain injury, the greater the medical bills will be.
Someone with a severe brain injury can need hundreds of thousands in care in the initial weeks after the injury. Then, they may need tens or hundreds or thousands more for follow-up care and rehabilitation for years after.
Ability To Work
You can be entitled to more compensation in a brain injury claim if you cannot work. You can receive money for lost earnings in the past and future and lost earning capacity for a permanent injury.
Pain And Suffering
Many brain injuries have symptoms that cause pain and discomfort. You also may have changes to your memory, personality, communication skills, and more. Thus, you should receive payment for physical pain and suffering as well as mental anguish and emotional distress related to the injuries.
Insurance Available
A brain injury may have hundreds of thousands in medical expenses and other damages. However, the liable person’s auto insurance may only cover $20,000 or $30,000 of bodily injury. One of your attorney’s critical tasks is to hold every potential party accountable and look for every liable insurance policy that can pay you.
For example, if a truck driver injured you, it’s possible that several parties can be liable for your injuries. These can include the trucker, their employer, the company that loaded the trailer, or the maintenance company.
Why Should You Hire A Brain Injury Attorney?
A brain injury can have a devastating impact on your life. A severe brain injury may affect your ability to live a regular life, and you may be unable to work. There also can be overwhelming medical bills that you cannot pay. The potential severity of a brain injury means you should always retain a brain injury attorney when another driver injures you in a car accident. Here is why:
Gather Evidence To Prove Your Claim
Traumatic brain injury claims are notoriously complex. A brain injury can be difficult to see on the outside, and proving that the injury affects you can be difficult with a less severe injury. There may also be high medical bills, lost earnings, and pain and suffering. The insurance company will probably contest the claim and try to pay less than you deserve.
Your brain injury attorney knows how insurance companies fight costly claims and will gather critical evidence to build the best case. Even if it seems clear that the driver caused the accident, strong proof will be needed to obtain compensation in a lawsuit. Your seasoned personal injury attorney knows the evidence to look for and how to build the case to prove liability.
Negotiate For The Best Settlement
Your auto accident lawyer will aggressively negotiate with the insurance company for the best settlement. A severe brain injury can compromise your health and well-being, so you need as much as possible. You can need six or seven figures for medical care, surgery, hospitalization, physical therapy, rehabilitation, and even in-home care. Modifying your home or vehicle to get the care you need can be necessary.
With so much money at stake, you should always hire a car accident attorney to negotiate for you. They’ll have an accurate estimate of the money you need to recover and live and won’t let the insurance company shortchange you.
Find All Liable Parties
All liable parties for a brain injury car crash claim must be identified. Every responsible party should be held liable so you can get the most compensation. For instance, many parties can be blamed if a trucker hits you. The trucker might have caused the crash, but your attorney also may sue the employer. This can be critical because trucking companies must carry at least $750,000 or more in bodily injury coverage. The higher insurance limits can help you get the full compensation you need to rebuild your life.
Accurately Estimate Your Damages
One of the biggest risks of representing yourself in a brain injury case after a car accident is underestimating your losses. You may only know some of the damages you have incurred that can be reimbursed in a settlement or jury award. Your attorney knows all of the economic and non-economic damages to which you can be entitled:
- Current and future medical care
- Current and future lost income
- Lost earning capacity
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
Your attorney’s law firm has the financial and human resources to estimate the value of your losses accurately. They may hire financial, legal, and occupational experts to get an accurate estimate of all financial damages. When they start negotiating for a settlement, they will know exactly the amount you need to be fairly compensated. There’s no chance that you will receive less than you deserve.
Provide Support And Treatment
Many brain injuries are complex, and getting the best care isn’t always easy. A brain injury attorney will ensure you can afford the best injury treatment. Many attorneys for car accidents have connections to local doctors who can provide service in exchange for payment from your settlement. This is called a medical lien, and the arrangement will ensure that you get the best care when you need it most.
Reduce Stress
Having a brain injury lawyer handle your claim takes a lot of legal and financial stress from you and your loved ones. You can focus entirely on healing, medical care, and rehabilitation while your personal injury attorney handles the claim or lawsuit. You also won’t have to worry about insurance communications, document requests, meeting legal deadlines, etc. Lowering your stress level can improve your outlook and recovery.
Seek Long-Term Compensation
A car accident brain injury is different from a broken arm or collarbone. You can have long-term impairments that affect you for the rest of your life. The brain only has a limited capacity to heal, and the damage can be permanent. You can need ongoing medical care, home care, and income because you cannot work. Your brain injury attorney will ensure you have plenty of compensation to provide for your medical and other needs.
Obtain Justice
A person with a brain injury from a car crash may have a life that is altered forever. In many cases, the injury was preventable. You or your loved one can feel that not only should you receive compensation for your injuries. You also can feel like you need justice to be served to move on with your life. A brain injury attorney will fight to ensure justice by making the negligent party pay for your losses.
Speak To A Brain Injury Attorney Now
Did you or a loved one suffer a brain injury in a car accident? A brain injury is one of the most dangerous and lethal of all injuries, and you should have an attorney fight for your rights. A brain injury attorney will work tirelessly to prove that another party caused the accident and injury. They will also determine the total damages and negotiate aggressively with the insurance company. Your brain injury attorney is paid by a contingency fee from your settlement, so you don’t need to pay out-of-pocket when you cannot work. Car accident injury victims only pay if their attorney compensates them in a claim or lawsuit. Contact a Las Vegas Personal Injury Accident attorney today for more information.